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  • vedicman
    05-06 11:24 AM
    Bring it on PA, UT, TX (although backing away)
    The more the merrier! This certainly will bring the debates nationally all the time.
    More # of states want to pile on, Fed has to step in - with a ferocious appetite :D




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  • tampacoolie
    07-21 09:00 PM
    I did a very similar thing.

    My h1b expires in sept 07, and an extension was applied in april 07. My PD became current in June, and I applied for AOS with AP and EAD.

    Approval for my H1B extension came through mid June (after AOS application) and only for 1 year (as opposed to 3 if my PD was not current).

    I now have AP approval and EAD is still pending, but I'm planning on using these to travel with when fully realized.

    My H1 expires 08/30/07 and I will be applying I 485 this month end. I already upgraded to PP for my 1-140 got an RFE for A2P. I will be submitting supporting docs for RFE also before this month end. I assume that PD will be unavailable for Sep, and I will be applying for my H1 extension in August in regular processing. Will I get 3 year or 1 year ?




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  • Help_Us
    05-21 06:37 PM
    Inspite of telling my lawyer she did the mistake of sending my EAD and AP before 120 day period. EAD filed 121 days prior and AP filed 148 days prior. I have gotten the receipts of both but AP status says that they have requested more information/evidence. I am wondering what additional information they need. Anyone else in this situation ?




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  • karthic
    12-18 03:53 PM
    Hi All,
    I am currently working for a University in cap-exempt H1B (company A). I got a job offer from a cap-subjected company (company B). I am aware that the H1B which i have is non-transferable and i have to apply for new H1B petition to work for company.
    Since the cap numbers are still available, applying for new petition is not a problem. I was in an idea of asking my new employer (company B) to apply for new H1B petition (premium processing) while working with Company A but i came to know the following from USCIS official document that i have to stop working for the current employer before submitting the company B H1B petition. I thought I can work for the cap-exempt company A until the company B H1B is approved. Have anyone experienced it? if so when should i stop working for my current cap-exempt employer?...can i work till the LCA is approved..?

    Below is the paragraph from USCIS Memo
    "If the H-1B alien beneficiary has not �ceased� to be employed in a cap-Exempt position, then he or she will not be counted towards the cap.
    If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt position, then the alien will be subject to the H-1B numerical limitation, and the concurrent employment petition may not be approved unless a cap number is available to the alien beneficiary.



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  • hkimmi
    09-25 03:31 PM
    GC4ALL

    I am not sure of your exact question as it is a bit ambiguous but here is what I read/understand

    You can port an earlier priority date of an old I-140 even if the job description changes or your category has changed (EB-2 or EB-3). But this is only possible when you are applying for your I-485 (your old PD is current) by attaching a copy of your earlier approved I-140.

    Also the underlying labor application/I-140 should be valid and not be substituted/revoked or cancelled. Again, check with an attorney but this is my understanding
    Can�t we port our PD if our employer cancels our I-140 and reuse our approved labor.., I remember reading Once I-140 is approved PD is in candidates back pack.

    Gurus please confirm this �, I hope lot of people might be waiting to hear this �




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  • sam_hoosier
    11-27 01:34 PM
    I have read many threads that discusses the pros and cons of using EAD over H1 and the common benefit that everyone mentions is that the salary is usually better for a person on an EAD. I spoke to several people who've started using their EAD and realized that even though it opened up opportunities with companies that do not have a policy of sponsoring H1, it DID NOT give them a boost in the salary.

    My question is how do people intend to leverage on having an EAD for a higher salary?

    Thanks!

    EAD gives you more negotiation power. Most companies are willing to negotiate on one or two things while making an offer e.g. salary, bonus, vacation, H1B/GC etc. If you take out H1B/GC out of that mix, chances of negotiating on salary are higher.



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  • amalshe
    12-09 03:32 PM
    Hi,
    Which address did you mail your upgrade request to? I will be doing the same early next week. My EB-1 I-140 (OR) just got approved.
    Thanks in advance.




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  • immm
    08-10 02:04 PM
    http://www.forbes.com/feeds/ap/2007/08/10/ap4009032.html

    Associated Press
    U.S. Seeks to Curb Illegal ImmigrationBy SUZANNE GAMBOA 08.10.07, 1:34 PM ET

    WASHINGTON - A crackdown on illegal immigration will have to go forward without help from Congress, the Bush administration said Friday, asserting that an executive-branch-only approach is better than doing nothing.

    Two Cabinet secretaries - Homeland Security's Michael Chertoff and Commerce's Carlos Gutierrez - said they had hoped to have new tools to combat illegal immigration before moving further to cope with the problem. But Congress could not agree on comprehensive legislation.

    The officials said they'll rely instead on tools already in their arsenal, some of which are already under way, including a plan to administratively sanction employers who hire illegal immigrants.

    At a joint news conference, Chertoff and Gutierrez put the onus on Congress for any consequences that may be suffered by employers as a result of the stepped-up enforcement effort.

    "Our hope is that key elements of the Senate bill will see the light of day someday, but until Congress chooses to act we are going to be taking some energetic steps of our own," Chertoff said. The steps will "significantly strengthen our hand with respect to immigration enforcement."

    The White House emphasized that its package of enforcement changes was all it could do under existing law - the same law that President Bush has repeatedly called unacceptable.

    "Although the Congress has not addressed our broken immigration system by passing comprehensive reform legislation, my administration will continue to take every possible step to build upon the progress already made," Bush said as the changes were announced.

    Presidential spokeswoman Dana Perino said Bush has used his executive authority in the past to improve immigration enforcement, such as by strengthening border enforcement. She was pressed on why - if the new changes were such a good idea - Bush hadn't made them already.

    Perino, talking to reporters at the Kennebunkport, Maine, seaside home of Bush's father, George H.W. Bush, said the president held off on sweeping administrative action while pushing Congress to pass better legislation to address the matter. With that effort now sidelined, she said "We're going as far as we possibly can without Congress acting."

    The administration rolled out a proposed rule that will require employers to fire employees unable to clear up problems with their Social Security numbers 90 days after they've been notified of such discrepancies in so-called "no match letters." Employers who fail to comply will face possible criminal fines and sanctions.

    "This regulation lays out a clear pattern for doing the right thing which will afford protection for employers," Chertoff said. The new rule will be effective in 30 days.

    Recognizing that the crackdown could hurt some industries - particularly agriculture, where more than half of workers are believed to be undocumented - Gutierrez said the Labor Department will try to make existing temporary seasonal agriculture worker and non-agriculture worker programs easier to use and more efficient.

    In addition, Chertoff said he will try to use the department's regulatory authority to raise fines on employers by about 25 percent. Current fines are so modest that some companies consider them a cost of doing business, the agency said in a summary of the new enforcement effort.

    The administration also wants to expand the list of international gangs whose members are automatically denied admission to the U.S., reduce processing times for immigrant background checks, and install by the end of the year an exit system so the departure of foreigners from the country can be recorded at airports and seaports.

    The Homeland Security Department will ask states to voluntarily share their driver's license photos and records with the agency for use in an employment verification system. The sharing is meant to help employers detect fraudulent licenses.

    Some of the initiatives are similar to proposals contained in the recent immigration measure which failed to pass in the Senate, though they are not nearly as sweeping.
    ....
    ....
    ....
    He said the billions of dollars that Congress added for immigration enforcement and the administration's "enhanced commitment" on immigration enforcement will secure borders.

    But Sen. Chuck Grassley, ranking Republican on the Senate Finance Committee, said the administration "can talk until they're blue in the face" but "I won't be happy until I see action that's more than just a press conference and words on a piece of paper."

    The Senate legislation was opposed by many conservatives who complained that people don't trust their government to start new immigration programs since existing immigration laws are not enforced.
    ....
    ....
    ....
    Some lawmakers have kept up efforts to tighten the border. Last month, the Senate added $3 billion to a homeland security bill and devoted the money to U.S.-Mexico border security.





    Copyright 2007 Associated Press. All rights reserved. This material may not be published broadcast, rewritten, or redistributed



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  • Norristown
    11-07 04:00 PM
    My wife's EAD was also sent back even though we haven't moved. She got all her other receipts. I didn't have her name in the mail box. Wondering if it is the reason but again she got all her receipts, ad parole. We called USCIS they opened a Service Request. It will take a month minimum.




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  • jetflyer
    06-11 01:24 PM
    Also depends what is the compensation for the position. As what I see normally (applies to contracting only) any job under $50/hr goes unfilled or takes longer but jobs with $80-$100 gets filled in 2-3 days and creates shortage for those.
    May be because immigrants (H1 & GC) who came in around 1997-2001 have over 7+ yrs of US experience and get paid really well :D



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  • msyedy
    01-10 09:06 AM
    Friends,

    As I had indicated that I had admission to study for MBA in europe starting Sep/Oct 2007, looks like I have to drop it due to the GC process ( entangled)

    My last discussion wirh Immi and employer drove the nail in the coffin.

    I would appreciate any suggestion fromfolks like you.

    Outcome:

    I can quit the job and proceed for MBA at my risk ( leave spouse behind in the US in I-485 pending stage). If for example my PD ( July 2002 EB3 india) comes up during my absence in the US and if there is a RFE, my current employer WILL NOT provide a job offer so far into the future ( ie post Sep 2008). the least they said they can do is not pull labor and I-140 ( both approved and I-485 pending for 4 yrs)

    Since I am in the Mechanical egnineering field , i dont know who to find , ( unlike adundant software body shoppers present) who will draft an offer in case of RFE.

    I have few more weeks before I see this opportunity slip by.

    Can anyone guess if the EB3- India PD will move to July 2002 or beyond before September 2008?

    Any suggestion./directions will be appreciated... Around me i have no one who has even changed jobs , used AC21 etc.

    Thanks for your time

    No one can guess on this issue., believe me.......... Dont keep hope that in 1 year ,2 years you will have GC.
    Guessing is not allowed in this situation......................




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  • bbct
    04-16 09:59 AM
    FYI, the response from my attorney firm -

    Question -
    1) Can we request for an extension of time - if in case the time allocated to respond is 30 days or less?

    Response -
    1) A request can not be made for an extension on any RFE response times.



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  • desi3933
    07-05 03:30 PM
    There is a clause saying that you need to be in status for last 180 days since your last entry to US. And since u are in good status for past 180 days u r good. Consult a lawyer on this as well, but I think u may eb fine

    Incorrect.

    This is for I-485 filing only and it is
    out of status days should be < 180 days since the last entry into USA


    ___________________
    Not a legal advice.




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  • needhelp!
    11-12 06:06 PM
    You were already added on Friday! We need one more.
    But.. You'll get your Tshirt at the meet on Dec 8th

    I change my membership from GA to TX. Where is my T-shirt?



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  • deba
    01-22 05:46 PM
    "Twenty years from now, you will be more disappointed by the things that you didn't do than by the ones you did do.
    So throw off the bowlines. Sail away from the safe harbor.
    Catch the trade winds in your sails. Explore. Dream. Discover."
    - Mark Twain




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  • amar123
    07-19 04:02 AM
    Hi All,
    I have a question regarding the status check of the 485 process. Does USCIS change the Updated date (maybe a soft LUD) before approval/completion of processing of 485 on the Case Status.

    I know its a yes/no/maybe not always kinda answer but I wanted to check with those who already had approved 485s if they had noticed updates before the Approval. If yes, what is the usual timeframe after the update when the approval has been noticed.
    I am sure, like me :) you must have kept checking the Case Status page like crazy once the dates were current so, please respond and I am sure many will benefit from your responses.

    I am sure, many of you who are still waiting like me,already have friends who went thru this process, so, even your inputs are welcome.

    Thanks,
    Amar.



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  • kiwi
    11-07 10:18 AM
    Hello you all,

    I guess I am the victim of bad attorney - I didn't do enough of my homework. Here my PD Jan 2003 labor just got approved. Fired my labor attorney who I couldn't never get hold of. In the process of preparing I140, my current attorney found the my company has been at loss in the past 3 years so doesn't look good for I-140 approval. His recommendation is to renew H1b then file PERM next year with a different employer. As depressing as it could be - I have to move forward.

    I am in Michigan and intended to move to bay area. My job is IT senoir development/IT project management for 8 years. This time I would like to do some homework: before I start to look for a new job in bay area, does anyone know what is the approx. prevailing wage for EB2?

    Can someone give me some infomation on this or where I could find it?
    Thanks.
    K.




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  • popoye
    08-20 02:07 AM
    Or is it only for EB3




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  • snathan
    05-23 06:15 PM
    Here is Ron's reply for the questions/concern

    Hi Ron,

    Tons of thanks for your time and this letter. Though most of the case are pending with Atlanta, there are few people struck with chicago as well. But the number is very small compared to atlanta. This template sounds very good to me, I will post the same at IV and let you know the feed back. Also I will direct the folks struck in chicago to you, they can hire you if they want you to represent them or I will ask them how do they want to proceed.

    If we give the case number and employer name, would there be any impact/side effect ?


    I will keep you posted and thanks a lot for your time

    ===========================

    Reply from Ron:

    All of the Chicago cases have been transferred to Atlanta. If the Chicago guys want to talk to me, I’m happy to do so. They don’t have to hire me if all they want is information. As for putting names and case numbers, without that information, they won’t take the letter seriously. Also, I think that this will get the DOL to move on those cases. Almost every time I have made a specific complaint, they have responded by resolving the case right away in order to make the whole thing go away. It wouldn’t surprise me to see the same thing here.




    another one
    07-01 09:28 AM
    And then either edit your post or remove it.

    To Administrator: Why are you deleting my post. I am just copy pasting a PURE TRUTH i.e. a TEXT OF LEGISLATION. I am not making up things. There are many other threads where people are just discussing unnecessary stuff. I am just saying that legal immigrants who have not yet applied for EB should contact congress to include us in any kind of amnesty - not exclude us. How


    OUT. ACT NOW...




    kirupa
    07-21 03:12 AM
    Well, I'm pretty biased since I work on the Expression Blend team :beam:

    Silverlight is a great alternative for the numerous developers who already have knowledge in C# and want a way to port their desktop applications to run on the web. Silverlight 2 is basically a lite version of WPF which is quite a powerful framework for creating desktop apps.

    The combination of Visual Studio for coding and something like Expression Blend for the design makes creating Silverlight applications extremely simple - especially for the numerous individuals out there who don't have any knowledge in ActionScript but do have a more formal background in Java, C++, VB, etc. You can even import and use assets created in 3rd party apps such as Fireworks (which is what I do), Photoshop, etc. as well.

    Temp - you do know that Java is probably one of the most widely used platforms a whole host of applications right? :P



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